Fulfillment. Polymation's delivery of Units, plus or minus 5% of the quantities ordered by Distributor, shall constitute fulfillment of the order. Distributor shall be obligated to pay only for the Units delivered. Delivery dates of Units may vary due to availability of manufacturing materials (resin). Polymation is not responsible for delays in delivery of Units caused by unavailability of resin. Polymation will use its best efforts to meet delivery dates in general, however, in the event a delivery date cannot be met, Polymation is not liable for missed schedules, sales, or commitments, made by Distributor, or any resulting actions, claims or damages.
Appears in 3 contracts
Sources: Distributorship Agreement, Distributorship Agreement (Pinecrest Investment Group Inc), Distributorship Agreement (Pinecrest Investment Group Inc)
Fulfillment. Polymation's ’s delivery of Units, plus or minus 5% of the quantities ordered by Distributorordered, shall constitute fulfillment delivery of the order. Distributor Nevertheless, Acology shall be obligated to pay only for the Units amount of Products actually delivered. Delivery dates of Units may vary due to availability of manufacturing materials (resin). Polymation is shall not be responsible for delays in delivery of Units Products caused by unavailability of resin. Polymation will use its best efforts to meet delivery dates in general, however, in the event a delivery date cannot be met, Polymation is shall not be not liable for missed schedules, sales, or commitments, made by DistributorAcology or D&C, or any resulting actions, claims or damages.
Appears in 1 contract
Sources: Production Agreement (Acology Inc.)